ARUN KUMAR JAGATRAMKA Vs. ULTRABULK

JUDGEMENT

(1.) By way of this petition, filed under Article 227 of the Constitution of India, petitioner - judgment debtor has challenged an order passed below Exhibit-111 dtd. 27/12/2021 by Principal Senior Civil Judge, Jamnagar, in Regular Execution Petition (Commercial) No. 161 of 2019, whereby application filed by the petitioner - judgment debtor, challenging jurisdiction of the executing Court in entertaining and deciding the execution petition itself, came to be rejected.

(2.) As the facts emerge from the application Exhibit-111, decree holder has preferred aforesaid proceedings for execution of judgments dated 30 th October, 2017, and 9/11/2017 of Honourable Mr. Justice Teare, order of Costs dtd. 3/3/2017 of Honourable Mr. Justice Waksman QC and decree dtd. 9/11/2017 of Mr. Justice Teare of the High Court of Justice, Queen's Bench Division, Commercial Court of England and Wales, since Sec. 44A of "the Code, 1908" enables execution of decrees passed by Courts in reciprocating territory.

(3.) Pursuant to the aforesaid decree, judgment debtor is under an obligation to make payment of USD 5,062,462 / Rs.32,98,23,468.00 in addition to interest to the decree holder.